Wind Turbines (Minimum Distance from Residential Premises) Bill [HL]

Baroness Hanham Excerpts

Friday 10th June 2011 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Hanham)]

My Lords, I thank my noble friend Lord Reay for providing the opportunity to discuss an issue that is clearly close to his heart. From the speeches made around the Chamber, it is obviously close to the hearts of all those who have spoken. We have had a thoroughly interesting debate and I thank the noble Lord for the opportunity. I appreciate that the noble Lord has long-standing concerns over wind turbines, and that this Bill proposes a way of tackling some of the matters that can arise when proposals for wind farms and wind turbines are considered. I have listened with interest to the points that have been made.

While I can appreciate the concerns that have led to this Bill being placed before us, we need to consider whether legislation, and particularly legislating in this manner, is the most appropriate way to address them. I have my doubts, not least because the approach set out in the Bill sits uncomfortably with the Government’s reforms to the planning system and energy policies. We also need to recognise that in a rapidly changing world some degree of flexibility is both desirable and necessary. Fixed separation distances may be attractive, but once in place there may be good and unforeseen reasons why the original justification for setting them no longer applies. By that I mean that technological advances could lead to sites that were once seen as unsuitable being suitable in the future.

It is helpful to put this Bill in context and remind ourselves of why we need more renewable energy developments. Harnessing our renewable resources is necessary for energy security and environmental reasons. The Government firmly believe that climate change is one of the gravest threats we face. It is not something that we can ignore and hope will go away, so there is no question that the United Kingdom must become a low-carbon economy and decarbonise, where possible, its electricity supply. Having said that, we are aware that this is a huge challenge, as was absolutely clear from the speeches.

Onshore wind is one of the most cost-effective and established renewable technologies. Where small-scale schemes are put forward by local communities or individuals or much larger-scale ones are put forward as part of a commercial generator’s portfolio, our energy security is enhanced by a resource—wind power—which is ours alone. Renewables also provide opportunities for investment in new industries and new technologies: the kind of opportunities we so badly need to help the economy recover.

None of this, though, gives an excuse to ride roughshod over local communities, or for building wind farms in the wrong places. The views of local communities are a vital contribution in making decisions about the suitability of a proposed wind farm’s location. Through the Localism Bill we are committed to ensuring that local communities should have a much greater say in shaping the places where they live, and that includes renewable energy developments. I do not think that my noble friend will agree, but wind farms can bring real benefits to communities as long as they are in the right place and of the right size.

The noble Lord referred to ETSU R 97, as did the noble Lord, Lord Grantchester. That report potentially gives a different answer in every case, varying according to factors such as: the number, type and space of turbines in the proposed wind farm; ambient noise levels at the nearest residence, which can vary significantly around each site; and topography between the turbines and affected property. For local plans to set minimum separation distances from wind farms, all those factors would have to be assessed for all likely locations while looking at them case by case would vary the separation distances. The noble Lord, Lord Grantchester, asked me two questions that I cannot at this moment answer, because they are not actually for my department, but I will ensure that he has a Written Answer to them.

The noble Lord, Lord Williams, raised the advice given by Natural England to support a development in Wales. He was kind enough to give me notice that he was going to ask that question. I am bound to tell him that, unfortunately, all of that is still an undecided planning issue and I therefore cannot comment on it today. However, he referred to the land enforcement fund, which would provide local landowners and communities with funding for environmental schemes such as the replacement of hedgerows to help mitigate the effect of the wind farm proposals. I do not know where that is being pursued but it is clearly a factor which will now be taken into consideration during the planning process. The noble Lord, Lord Willoughby de Broke, also asked a question to which, again, I am afraid that I do not know the answer. It may sound feeble of me to say this but again it is not for my department. However, I will make sure that the noble Lord gets an answer to it.

The Government have stated on many occasions that decisions on siting wind farms should be made on a case-by-case basis, so as to take account of the local context. This Bill would prescribe fixed-separation distances according to the height of the wind turbines. The noble Lord, Lord Grantchester, drew attention to the fact that it is the height where the measurements are taken from. The Bill would also automatically rule out locations that might otherwise be suitable for wind turbine developments because, for example, it makes no allowance for matters such as local topography or the presence of other buildings. Both are capable of providing mitigation against the impact of a turbine. That can make a development which might otherwise be considered unacceptable in isolation of its context quite acceptable when considered in its context.

There can be good reasons for rejecting proposed wind turbines. However, the reasons for some refusals could be addressed by future advances in technology. Improvements in technology could make acceptable sites which are currently deemed to be unacceptable.

[Baroness Nicholson of Winterbourne]

I hate to interrupt the Minister in what I think are her winding-up remarks, but she has not chosen to comment on my important points, which have not been put to the House before, on the impact wind farms’ proximity to communities can have on psychiatric, mental and hearing health. Does she not agree that this is an important and almost wholly under-researched topic? Might she be minded to recommend to her colleagues in the Department of Health that they should perhaps undertake a proper research study on this vitally important issue?

[Baroness Hanham]

My Lords, the noble Baroness has intervened a little before I got to the conclusion of my remarks. However, it would be sensible for me to address her concerns now and to say that of course the matters that she has raised in her speech today will be referred on; I will make sure that they are.

Returning to where I was, technological advances in radar, for example, could overcome current objections on radar grounds. Future turbine designs could be quieter than the turbines being erected now. Our approach to localism means that we want communities to be able to shape and influence new developments—[Interruption.] I do not think that my remark justified that thunder!

I am concerned that even small-scale or community-backed developments could be inadvertently ruled out through fixed separation distances. I accept that the Bill makes some allowance for flexibility where local agreement is reached, but there are flaws in this approach.

On the planning policies coming forward, the current approach is looking at each proposal on its individual merits within the context of the local council’s development plan; that is well established. It enables a flexible and customised approach to be taken to each proposal. Decisions on applications such as wind farms are therefore taken on a site-by-site basis. This enables impacts such as noise and shadow flicker to have tailor-made assessments using recognised methodologies rather than being judged against an arbitrary separation distance. It enables the impact on the surrounding landscape to be considered, and for topography to be taken into account. That case-by-case approach is evidence based. I am not aware of any evidence which supports the thresholds proposed in the Bill. I am afraid to say that they appear to be quite arbitrary.

Noise issues were referred to by the noble Lord, Lord Greaves, and several other noble Lords. It might be helpful if I told the House that the Department of Energy and Climate Change is currently undertaking research to analyse how noise impacts on, and is considered in, wind farm planning applications in England. The aim is to ensure that noise assessments are consistent and effective, and provide the intended level of protection from noise impact. The results of this research are expected to be published in the next few weeks. I hope that that will address some of the points that have been raised.

On planning, we are in the middle of major reforms to the planning system. We are taking forward major changes to the way planning decisions are approached and we are firmly committed to decentralising power to local authorities and communities. The creation of neighbourhood plans will help with this. My noble friend’s Bill unfortunately cuts right across our proposals for localism. By prescribing in legislation separation distances, it is setting out—actually imposing—the type of top-down approach from which we want to move away. I, of course, recognise that the Bill is intended to apply also to major infrastructure projects as well as to proposals decided by local councils, but in fact because of the way it is drafted it does not, unfortunately, fulfil this ambition.

Over the past few months we have been working hard to put together the new national planning policy framework. This will simplify the reams of existing planning policy. Part of it will cover renewable energy. It will be published for consultation and I am sure noble Lords will ensure that we have an opportunity to discuss it in this House. I believe that its approach to localism and the importance it places on protecting the environment will be reassuring.

We want to reward those communities that welcome development and help deal with the demands for supporting infrastructure that may arise. Specifically, our commitment to the local retention of business rates generated by renewable energy developments will reward communities who host these developments.

Focusing on the detail of the Bill, if it were to progress further, a number of technical drafting issues would need to be addressed for it to become a workable piece of legislation. For example, it would need to clarify what is meant by “relevant authority”. The reference to “government department” in the definition of “relevant authority” could imply that my noble friend intended that his Bill should apply to all wind turbine proposals, but I am not clear whether this is the case. Is it meant to include within its scope those wind farm proposals which are considered to be major infrastructure proposals as well as those decided by local authorities or by the Secretary of State if the local decision is appealed? However, under the Planning Act 2008, nationally significant infrastructure projects require development consent rather than planning permission. The Planning Act removes the need to obtain planning permission, so as drafted the Bill would not apply to wind farms with an installed capacity of more than 50 megawatts.

The exception provisions in the Bill may not empower all those who live in properties within the thresholds to be involved in the written agreement process. That point was raised by the noble Lord, Lord Greaves. Owners do not necessarily live in the properties they own; they can rent them out. The Bill would also need to be amended to clarify the position with regard to leaseholders. Would they be classed as an owner, or would “owner” include only the freeholder? I am also unclear as to how a “relevant authority” might be expected to ensure that written agreements are not elicited by unlawful or pressurised means. How do we stop this becoming a charter for bureaucrats laying down their view of the law?

I have other concerns, but my final point is that by setting such rigid separation distances and linking them to the height of the turbines, the Bill could actually lead to perverse outcomes—and I suspect not at all the sort that my noble friend has anticipated. I wonder whether, as a way of getting round the Bill’s provisions, we will simply see proposals being submitted for turbines which cluster just below the height limits. Instead of submitting a proposal for, say, four turbines of a particular height, a developer might bring forward a greater number of smaller ones just to get around the relevant separation distance limitation, so in the end the impact could be greater.

I conclude by restating that by imposing rigid separation distances, the Bill would cut across the Government’s reforms to deliver localism and the decentralisation of power. Ruling out what could be suitable sites on an arbitrary basis could hinder our ability to meet our ambitious but necessary renewable energy and climate change commitments. I understand that wind farm proposals, and even individual wind turbines, can cause a great deal of concern in communities about the impacts that they might have—we accept that—but I do not believe that this Bill is the way to address these matters.

It is normal practice for the Government not to support or oppose Private Members’ Bills and I do not propose to break that convention. However, I ask my noble friend to consider the extent to which the localism agenda will address his concerns, and how he might contribute to the national planning policy framework on this matter through the forthcoming consultation.

[Lord Willoughby de Broke]

My Lords, will the noble Baroness clarify one point? She said, rather encouragingly, that the Government wanted to move away from the top-down planning structures that we have seen in the past. Under their policies, including the Localism Bill, perhaps local people will have more of a say on wind farms. Does that mean that there are no proposals to reinstate the Infrastructure Planning Commission that was dismantled, but would have had the power to override local decisions, and thus render null and void the decisions of local people and local authorities? That was the specific role of the IPC. Is there a “son of the IPC” in the making, or has it been abandoned?

[Baroness Hanham]

My Lords, the son of the IPC will be the Secretary of State. These matters will be brought back under democratic accountability and the final decision will be made by a Minister or the Secretary of State. It will not and cannot be made by the IPC alone. I should add that neighbourhood planning will also be helpful and effective in this matter.

[Lord Marlesford]

Will my noble friend comment on the remarks that have been widely expressed about the level of subsidy and on the issue of the intermittent and low output of wind farms?

[Baroness Hanham]

My Lords, one of the difficulties of a debate such as this is that it ranges across several departments’ responsibilities. The two matters that my noble friend has now raised do not come within the ambit of planning, and that is the aspect that I have been addressing today.